(1)Where any person—
(a)is a taxable person for the purposes of this Act or, without being a taxable person, is a person who makes taxable supplies or who acquires goods in the United Kingdom from one or more other member States;
F1[(b)is not established, and does not have any fixed establishment, in the United Kingdom;
(ba)is established in a country or territory in respect of which it appears to the Commissioners that the condition specified in subsection (1A) below is satisfied; and]
(c)in the case of an individual, does not have his usual place of residence in the United Kingdom,
the Commissioners may direct that person to appoint another person (in this Act referred to as a “VAT representative”) to act on his behalf in relation to VAT.
F2[(1A)The condition mentioned in subsection (1)(ba) above is that—
(a)the country or territory is neither a member State nor a part of a member State, and
(b)there is no provision for mutual assistance between the United Kingdom and the country or territory similar in scope to the assistance provided for between the United Kingdom and each other member State by the mutual assistance provisions.
(1B)In subsection (1A) above “the mutual assistance provisions” means—
[F3(a)section 134 of the Finance Act 2002 and Schedule 39 to that Act (recovery of taxes etc due in other member States);
(b)section 197 of the Finance Act 2003 (exchange of information between tax authorities of member States);]
[F4(c)Council Regulation (EC) No. 1798/2003 of 7th October 2003 (on administrative cooperation in the field of value added tax).]]
F5[(2)With the agreement of the Commissioners, a person—
(a)who has not been required under subsection (1) above to appoint another person to act on his behalf in relation to VAT, and
(b)in relation to whom the conditions specified in paragraphs (a), (b) and (c) of that subsection are satisfied,
may appoint another person to act on his behalf in relation to VAT.
(2A)In this Act “VAT representative” means a person appointed under subsection (1) or (2) above.]
(3)Where any person is appointed by virtue of this section to be the VAT representative of another (“his principal”), then, subject to subsections (4) to (6) below, the VAT representative—
(a)shall be entitled to act on his principal’s behalf for any of the purposes of this Act, of any other enactment (whenever passed) relating to VAT or of any subordinate legislation made under this Act or any such enactment;
(b)shall, subject to such provisions as may be made by the Commissioners by regulations, secure (where appropriate by acting on his principal’s behalf) his principal’s compliance with and discharge of the obligations and liabilities to which his principal is subject by virtue of this Act, any such other enactment or any such subordinate legislation; and
(c)shall be personally liable in respect of—
(i)any failure to secure his principal’s compliance with or discharge of any such obligation or liability; and
(ii)anything done for purposes connected with acting on his principal’s behalf,
as if the obligations and liabilities imposed on his principal were imposed jointly and severally on the VAT representative and his principal.
(4)A VAT representative shall not be liable by virtue of subsection (3) above himself to be registered under this Act, but regulations made by the Commissioners may—
(a)require the registration of the names of VAT representatives against the names of their principals in any register kept for the purposes of this Act; and
(b)make it the duty of a VAT representative, for the purposes of registration, to notify the Commissioners, within such period as may be prescribed, that his appointment has taken effect or has ceased to have effect.
(5)A VAT representative shall not by virtue of subsection (3) above be guilty of any offence except in so far as—
(a)the VAT representative has consented to, or connived in, the commission of the offence by his principal;
(b)the commission of the offence by his principal is attributable to any neglect on the part of the VAT representative; or
(c)the offence consists in a contravention by the VAT representative of an obligation which, by virtue of that subsection, is imposed both on the VAT representative and on his principal.
(6)The Commissioners may by regulations make provision as to the manner and circumstances in which a person is to be appointed, or is to be treated as having ceased to be, another’s VAT representative; and regulations under this subsection may include such provision as the Commissioners think fit for the purposes of subsection (4) above with respect to the making or deletion of entries in any register.
(7)Where a person fails to appoint a VAT representative in accordance with any direction under subsection (1) above, the Commissioners may require him to provide such security, or further security, as they may think appropriate for the payment of any VAT which is or may become due from him.
[F6(7A)A sum required by way of security under subsection (7) above shall be deemed for the purposes of—
(a)section 51 of the Finance Act 1997 (enforcement by distress) and any regulations under that section, and
(b)section 52 of that Act (enforcement by diligence),
to be recoverable as if it were VAT due from the person who is required to provide it. ]
(8)For the purposes of this Act a person shall not be treated as having been directed to appoint a VAT representative, or as having been required to provide security under subsection (7) above, unless the Commissioners have either—
(a)served notice of the direction or requirement on him; or
(b)taken all such other steps as appear to them to be reasonable for bringing the direction or requirement to his attention.
[F7(9)The Treasury may by order amend the definition of “the mutual assistance provisions” in subsection (1B) above.]
Textual Amendments
F1S. 48(1)(b)(ba) substituted for s. 48(1)(b) (31.12.2001) by 2001 c. 9, s. 100(1)(4)
F2S. 48(1A)(1B) inserted (31.12.2001) by 2001 c. 9, s. 100(2)(4)
F3S. 48(1B)(a)(b) substituted (10.7.2003) by Finance Act 2003 (c. 14), s. 197(7)(a)
F4S. 48(1B)(c) substituted (1.1.2004) by The Mutual Assistance Provisions Order 2003 (S.I. 2003/3092), arts. 1, 2
F5S. 48(2)(2A) substituted for s. 48(2) (31.12.2001) by 2001 c. 9, s. 100(3)(4)
F6S. 48(7A) inserted (1.7.1997) by 1997 c. 16, s. 53(6); S.I. 1997/1432, art. 2
F7S. 48(9) inserted (10.7.2003) by Finance Act 2003 (c. 14), s. 197(7)(b)